[Congressional Record (Bound Edition), Volume 148 (2002), Part 9]
[Senate]
[Pages 12220-12221]
[From the U.S. Government Publishing Office, www.gpo.gov]




  AUTHORIZING TESTIMONY, DOCUMENT PRODUCTION, AND LEGAL REPRESENTATION

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of S. Res. 299 submitted earlier today by 
the majority and the Republican leaders.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 299) to authorize testimony, document 
     production and legal representation in City of Columbus 
     versus Jacqueline Downing, et al. and City of Columbus versus 
     Vincent Ramos.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. DASCHLE. Mr. President, this resolution concerns requests for 
testimony in criminal actions in Franklin County Municipal Court in 
Ohio. In the cases of City of Columbus v. Jacqueline Downing, et al. 
and City of Columbus v. Vincent Ramos, the city prosecutor has charged 
the defendants with criminal trespass for refusing to leave Senator 
DeWine's Columbus office after the building was closed for the night, 
and with resisting arrest. Pursuant to subpoenas issued on behalf of 
the city prosecutor, this resolution authorizes an employee in Senator 
DeWine's office who witnessed the events giving rise to the trespass 
charges, and any other employee in the Senator's office from whom 
testimony may be required, to testify and produce documents at trial in 
these cases, with representation by the Senate legal counsel.
  Mr. REID. I ask unanimous consent that the resolution and preamble be 
agreed to en bloc, the motion to reconsider be laid upon the table, and 
that a

[[Page 12221]]

statement by the majority leader be printed in the Record, with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 299) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 299

       Whereas, in the cases of City of Columbus v. Jacqueline 
     Downing, et al., Nos. 2002 CR B 01082-25, 010835-37 and City 
     of Columbus v. Vincent Ramos, No. 2002 CR B 010835-37 pending 
     in the Franklin County Municipal Court in the State of Ohio, 
     testimony has been requested from Michael Dawson, an employee 
     in the office of Senator Mike DeWine;
       Whereas, pursuant to sections 703(a) and 704(a)(2) of the 
     Ethics in Government Act of 1978, 2 U.S.C. Sec. Sec. 288b(a) 
     and 288c(a)(2), the Senate may direct its counsel to 
     represent employees of the Senate with respect to any 
     subpoena, order, or request for testimony relating to their 
     official responsibilities;
       Whereas, by the privileges of the Senate of the United 
     States and Rule XI of the Standing Rules of the Senate, no 
     evidence under the control or in the possession of the Senate 
     may, by the judicial or administrative process, be taken from 
     such control or possession but by permission of the Senate;
       Whereas, when it appears that evidence under the control or 
     in the possession of the Senate may promote the 
     administration of justice, the Senate will take such action 
     as will promote the ends of justice consistent with the 
     privileges of the Senate: Now, therefore, be it
       Resolved, That Michael Dawson and any other employee of 
     Senator DeWine's office from whom testimony may be required 
     are authorized to testify and produce documents in the cases 
     of City of Columbus v. Jacqueline Downing, et al., and City 
     of Columbus v. Vincent Ramos, except concerning matters for 
     which a privilege should be asserted.
       Sec. 2. The Senate Legal Counsel is authorized to represent 
     Michael Dawson and any other employee of Senator DeWine's 
     office in connection with the testimony and document 
     production authorized in section one of this resolution.

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